Substitute House Bill No. 5296
          Substitute House Bill No. 5296

              PUBLIC ACT NO. 98-209


AN ACT CONCERNING  WATER  RESOURCE PROGRAMS OF THE
DEPARTMENT OF ENVIRONMENTAL  PROTECTION, MOTORBOAT
NOISE, A FLOOD  CONTROL  SYSTEM AT LAKE PHIPPS AND
THE BROOKFIELD WATER COMPANY.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsections  (b) and (c) of section
22a-430 of the  general  statutes are repealed and
the following is substituted in lieu thereof:
    (b) The commissioner,  at  least  thirty  days
before approving or  denying  a permit application
for a discharge, shall publish once in a newspaper
having a substantial  circulation  in the affected
area notice of  (1) the name of the applicant; (2)
the location, volume,  frequency and nature of the
discharge;  (3)  the  tentative  decision  on  the
application, and (4)  additional  information  the
commissioner deems necessary  to  comply  with the
federal Clean Water  Act  (33  USC  1251 et seq.).
There shall be  a  comment  period  following  the
public  notice  during   which  period  interested
persons  and  municipalities  may  submit  written
comments.   After   the    comment   period,   the
commissioner  shall  make  a  final  determination
either that (A)  such  discharge  would  not cause
pollution of any  of  the  waters of the state, in
which  case he  shall  issue  a  permit  for  such
discharge, or (B)  after  giving due regard to any
proposed system to  treat the discharge, that such
discharge would cause  pollution  of  any  of  the
waters of the  state,  in which case he shall deny
the application and  notify  the applicant of such
denial  and  the  reasons  therefor,  or  (C)  the
proposed  system  to  treat  such  discharge  will
protect the waters of the state from pollution, in
which case he  shall,  except as provided pursuant
to subsection (j)  of  this  section,  require the
applicant to submit  plans  and specifications and
such other information as he may require and shall
impose  such  additional   conditions  as  may  be
required  to  protect   such  water,  and  if  the
commissioner finds that  the  proposed  system  to
treat the discharge, as described by the plans and
specifications or such other information as may be
required   by   the   commissioner   pursuant   to
subsection (j) of  this  section, will protect the
waters  of the  state  from  pollution,  he  shall
notify the applicant  of  his  approval  and, when
such applicant has  installed such system, in full
compliance   with  the   approval   thereof,   the
commissioner  shall  issue   a   permit  for  such
discharge, or (D)  the  proposed  system  to treat
such discharge, as  described  by  the  plans  and
specifications, will not protect the waters of the
state, in which  case he shall promptly notify the
applicant that its  application  is denied and the
reasons  therefor.  The   commissioner  shall,  by
regulations  adopted  in   accordance   with   the
provisions of chapter  54,  establish  procedures,
criteria   and  standards   as   appropriate   for
determining  if  (i)   a   discharge  would  cause
pollution to the  waters  of  the state and (ii) a
treatment system is adequate to protect the waters
of  the state  from  pollution.  Such  procedures,
criteria and standards  may  include  schedules of
activities, prohibitions of  practices,  operating
and maintenance procedures,  management  practices
and other measures  to prevent or reduce pollution
of  the  waters   of   the   state,  provided  the
commissioner in adopting such procedures, criteria
and  standards  shall   consider  best  management
practices.  The  regulations   shall  specify  the
circumstances under which procedures, criteria and
standards for activities other than treatment will
be required. For  the  purposes  of  this section,
"best management practices"  means those practices
which  reduce the  discharge  of  waste  into  the
waters of the state and which have been determined
by the commissioner to be acceptable based on, but
not   limited   to,    technical,   economic   and
institutional  feasibility.  Any  [person  who  or
municipality which] APPLICANT, OR IN THE CASE OF A
PERMIT  ISSUED  PURSUANT   TO  THE  FEDERAL  WATER
POLLUTION CONTROL ACT, ANY PERSON OR MUNICIPALITY,
WHO is aggrieved by a decision of the commissioner
[and whose] WHERE  AN  application  has  not  been
given a public  hearing  shall have the right to a
hearing and an appeal therefrom in the same manner
as provided in  sections  22a-436 and 22a-437. Any
[person who or  municipality  which] APPLICANT, OR
IN THE CASE  OF  A  PERMIT  ISSUED PURSUANT TO THE
FEDERAL WATER POLLUTION CONTROL ACT, ANY PERSON OR
MUNICIPALITY, WHO is  aggrieved  by  a decision of
the commissioner [and  whose] WHERE AN application
has been given  a  public  hearing  shall have the
right to appeal  as  provided  in section 22a-437.
The  commissioner  may,   by   regulation,  exempt
certain categories, types  or  sizes  of discharge
from the requirement for notice prior to approving
or denying the  application if such category, type
or  size of  discharge  is  not  likely  to  cause
substantial pollution. The commissioner may hold a
public hearing prior  to  approving or denying any
application  if  in   his  discretion  the  public
interest will be best served thereby, and he shall
hold a hearing  upon  receipt of a petition signed
by at least  twenty-five  persons.  Notice of such
hearing shall be  published  at  least thirty days
before  the  hearing   in  a  newspaper  having  a
substantial circulation in the area affected.
    (c)  The  permits   issued  pursuant  to  this
section shall be  for  a period not to exceed five
years,  except  that  any  such  permit  shall  be
subject to the provisions of section 22a-431. Such
permits: (1) Shall  specify the manner, nature and
volume  of discharge;  (2)  shall  require  proper
operation  and  maintenance   of   any   pollution
abatement facility required  by  such  permit; (3)
may be renewable  for  periods  not to exceed five
years  each  in  accordance  with  procedures  and
requirements established by  the commissioner; and
(4) shall be  subject  to  such other requirements
and  restrictions  as   the   commissioner   deems
necessary to comply  fully  with  the  purposes of
this chapter, the  federal Water Pollution Control
Act and the  federal  Safe  Drinking Water Act. An
application  for  a  renewal  of  a  permit  which
expires after January 1, 1985, shall be filed with
the commissioner at  least one hundred eighty days
before  the  expiration   of   such   permit.  The
commissioner,   at  least   thirty   days   before
approving or denying an application for renewal of
a permit, shall publish once in a newspaper having
substantial  circulation  in  the  area  affected,
notice of (A)  the  name of the applicant; (B) the
location,  volume, frequency  and  nature  of  the
discharge;  (C)  the  tentative  decision  on  the
application, and (D)  such  additional information
the commissioner deems  necessary  to  comply with
the federal Clean Water Act (33 USC 1251 et seq.).
There shall be  a  comment  period  following  the
public  notice  during   which  period  interested
persons  and  municipalities  may  submit  written
comments.   After   the    comment   period,   the
commissioner shall make a final determination that
(i) continuance of  the  existing  discharge would
not cause pollution of the waters of the state, in
which case he  shall  renew  the  permit  for such
discharge, or (ii)  continuance  of  the  existing
system to treat  the  discharge  would protect the
waters of the  state from pollution, in which case
he shall renew  a permit for such discharge, (iii)
the continuance of  the  existing  system to treat
the discharge, even  with modifications, would not
protect the waters of the state from pollution, in
which case he  shall promptly notify the applicant
that its application  is  denied  and  the reasons
therefor, or (iv)  modification  of  the  existing
system  or installation  of  a  new  system  would
protect the waters of the state from pollution, in
which case he  shall  renew  the  permit  for such
discharge.  Such  renewed  permit  may  include  a
schedule for the completion of the modification or
installation   to  allow   additional   time   for
compliance with the  final effluent limitations in
the renewed permit provided (I) continuance of the
activity producing the  discharge is in the public
interest; (II) the interim effluent limitations in
the renewed permit  are no less stringent than the
effluent limitations in  the  previous permit; and
(III) the schedule  would not be inconsistent with
the federal Water Pollution Control Act. No permit
shall   be   renewed   unless   the   commissioner
determines that the  treatment  system  adequately
protects the waters  of  the state from pollution.
Any [person who  or municipality which] APPLICANT,
OR IN THE  CASE OF A PERMIT ISSUED PURSUANT TO THE
FEDERAL WATER POLLUTION CONTROL ACT, ANY PERSON OR
MUNICIPALITY, WHO is  aggrieved  by  a decision of
the commissioner [and  whose] WHERE AN application
for a renewal  has not been given a public hearing
shall have the  right  to  a hearing and an appeal
therefrom  in  the  same  manner  as  provided  in
sections 22a-436 and  22a-437.  Any [person who or
municipality which] APPLICANT, OR IN THE CASE OF A
PERMIT  ISSUED  PURSUANT   TO  THE  FEDERAL  WATER
POLLUTION CONTROL ACT, ANY PERSON OR MUNICIPALITY,
WHO is aggrieved by a decision of the commissioner
[and whose] WHERE AN application for a renewal has
been given a  public  hearing shall have the right
to appeal as  provided  in  section  22a-437.  Any
category, type or size of discharge that is exempt
from  the  requirement   of   notice  pursuant  to
subsection (b) of this section for the approval or
denial of a permit shall be exempt from notice for
approval or denial  of  a  renewal of such permit.
The commissioner may  hold  a public hearing prior
to  approving or  denying  an  application  for  a
renewal if in  his  discretion the public interest
will be best  served  thereby, and he shall hold a
hearing upon receipt  of  a  petition signed by at
least twenty-five persons.  Notice of such hearing
shall be published at least thirty days before the
hearing  in  a   newspaper  having  a  substantial
circulation in the area affected.
    Sec.  2.  Section   22a-436   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Each order to  abate  pollution  issued  under
section 22a-428 or  22a-431  or decision [to deny]
under subsection (b)  or  (c)  of  section 22a-430
shall be sent  by  certified  mail, return receipt
requested,  to  the   subject  of  such  order  or
decision [to deny] and shall be deemed issued upon
deposit  in  the   mail.   Any   person   who   or
municipality which is  aggrieved by any such order
or decision to deny an application OR, IN THE CASE
OF A PERMIT  ISSUED  PURSUANT TO THE FEDERAL WATER
POLLUTION CONTROL ACT,  ANY DECISION without prior
hearing under subsection  (b)  OR  (c)  of section
22a-430, AS AMENDED BY SECTION 1 OF THIS ACT, may,
within thirty days  from  the  date  such order or
decision is sent,  request  a  hearing  before the
commissioner. The commissioner shall not grant any
request for a  hearing  at  any  time  thereafter.
After  such  hearing,   the   commissioner   shall
consider the facts  presented to him by the person
or municipality, including,  but  not  limited to,
technological  feasibility,  shall   consider  the
rebuttal or other evidence presented to or by him,
and shall then  revise  and  resubmit the order to
the person or  municipality,  or inform the person
or municipality that  the  previous order has been
affirmed and remains  in effect. The request for a
hearing as provided  for  in  this  section  or  a
decision under subsection  (b)  OR  (c) of section
22a-430, AS AMENDED BY SECTION 1 OF THIS ACT, made
after  a  public  hearing  shall  be  a  condition
precedent to the taking of an appeal by the person
or municipality under  the  provisions  of section
22a-437, AS AMENDED  BY SECTION 3 OF THIS ACT. The
commissioner may, after  the  hearing provided for
in this section, or at any time after the issuance
of his order,  modify  such  order by agreement or
extend the time schedule therefor if he deems such
modification or extension  advisable or necessary,
and any such  modification  or  extension shall be
deemed to be  a  revision of an existing order and
shall not constitute  a  new order. There shall be
no hearing subsequent  to  or  any appeal from any
such modification or extension.
    Sec. 3. Subsection  (a)  of section 22a-437 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Any person  who  or  municipality which is
aggrieved by a  decision  under  subsection (b) OR
(c) of section 22a-430, AS AMENDED BY SECTION 1 OF
THIS ACT, or  by  any  order  of  the commissioner
other than an order under section 22a-6b, to abate
pollution may, after a hearing by the commissioner
as provided for  in  section 22a-436 or subsection
(b) OR (c)  of  section  22a-430,  AS  AMENDED  BY
SECTION 1 OF  THIS  ACT,  appeal  from  the  final
determination of the  commissioner  based  on such
hearing  to the  Superior  Court  as  provided  in
chapter 54. Such  appeal  shall have precedence in
the order of trial as provided in section 52-192.
    Sec.  4.  Section   22a-40   of   the  general
statutes, as amended  by  section  5 of public act
97-289, is amended  by  adding  subsection  (c) as
follows:
    (NEW)  (c)  Any   dredging  or  any  erection,
placement,  retention  or   maintenance   of   any
structure, fill, obstruction  or  encroachment, or
any work incidental  to such activities, conducted
by a state  agency,  which  activity  is regulated
under sections 22a-28  to  22a-35,  inclusive,  as
amended,  or  sections   22a-359b   to   22a-363f,
inclusive,  as  amended,  shall  not  require  any
permit  or  approval   under  sections  22a-36  to
22a-45, inclusive, as amended.
    Sec.  5.  Section   22a-342   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The commissioner shall  establish,  along  any
tidal  or  inland  waterway  or  flood-prone  area
considered   for   stream    clearance,    channel
improvement or any  form of flood control or flood
alleviation measure, lines  beyond  which,  in the
direction of the  waterway or flood-prone area, no
obstruction, [or] encroachment  OR HINDRANCE shall
be placed by  any  person,  [firm  or corporation,
public  or  private]   AND  NO  SUCH  OBSTRUCTION,
ENCROACHMENT OR HINDRANCE  SHALL  BE MAINTAINED BY
ANY PERSON unless authorized by said commissioner.
The commissioner shall  issue or deny permits upon
applications for establishing  such  encroachments
based upon his  findings  of  the  effect  of such
proposed encroachments upon the flood-carrying and
water storage capacity  of the waterways and flood
plains,  flood  heights,   hazards   to  life  and
property, and the  protection  and preservation of
the natural resources and ecosystems of the state,
including but not  limited  to  ground and surface
water, animal, plant  and  aquatic  life, nutrient
exchange, and energy  flow, with due consideration
given  to the  results  of  similar  encroachments
constructed  along the  reach  of  waterway.  Each
application for a permit shall be accompanied by a
fee as follows:  (1)  No  change  in grades and no
construction  of  above-ground   structures,   two
hundred fifty dollars;  (2)  a change in grade and
no construction of  above-ground  structures, five
hundred dollars; and  (3)  a  change  in grade and
above-ground structures or buildings, two thousand
five hundred dollars.  The  commissioner may adopt
regulations, in accordance  with the provisions of
chapter 54, to  prescribe  the  amount of the fees
required  pursuant  to   this  section.  Upon  the
adoption of such regulations, the fees required by
this  section  shall  be  as  prescribed  in  such
regulations.
    Sec.  6.  Section   22a-342a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any  person  who   places   any   obstruction,
encroachment  or  hindrance   within   any  stream
channel  encroachment  line   established  by  the
Commissioner of Environmental  Protection pursuant
to section 22a-342  without  a permit issued under
said  section,  OR   IS   MAINTAINING   ANY   SUCH
OBSTRUCTION,  ENCROACHMENT  OR   HINDRANCE  PLACED
WITHOUT SUCH A  PERMIT,  or  in  violation  of the
terms  and conditions  of  such  permit  shall  be
liable for a  civil  penalty  of not more than one
thousand dollars for  each offense. Each violation
shall be a  separate  and  distinct offense and in
the case of  a  continuing  violation,  each day's
continuance  thereof  shall  be  deemed  to  be  a
separate and distinct offense. The Commissioner of
Environmental Protection may  request the Attorney
General to bring  a  civil  action in the superior
court for the  judicial  district  of Hartford-New
Britain  at  Hartford*   to  seek  imposition  and
recovery of such civil penalty.
    Sec. 7. Subsections  (a)  and  (b)  of section
22a-6a of the  general  statutes  are repealed and
the following is substituted in lieu thereof:
    (a) Any person  who  knowingly  or negligently
violates  any  provision  of  section  14-100b  or
14-164c,  subdivision (3)  of  subsection  (b)  of
section 15-121, section  15-171,  15-172,  15-175,
22a-5, 22a-6 [,]  OR  22a-7,  [22a-32  or  22a-39]
CHAPTER  440,  chapter   441,  section  22a-69  or
22a-74,  subsection  (b)   of   section  22a-134p,
section   22a-162,  22a-171,   22a-174,   22a-175,
22a-177,  22a-178,  22a-181,   22a-183,   22a-184,
22a-190,  22a-208,  22a-208a,   22a-209,  22a-213,
22a-220,  22a-225,  22a-231,   22a-336,   22a-342,
22a-345,  22a-346,  22a-347,   22a-349a,  22a-358,
22a-359,  22a-361, 22a-362,  22a-365  TO  22a-379,
INCLUSIVE,   22a-401   to    [22a-405]    22a-411,
inclusive, 22a-416, 22a-417,  22a-424  to 22a-433,
inclusive,  22a-447,  22a-449,  22a-450,  22a-451,
22a-454, 22a-458, 22a-461,  22a-462 or 22a-471, AS
AMENDED,  or  any   regulation,  order  or  permit
adopted or issued  thereunder  by the Commissioner
of Environmental Protection shall be liable to the
state for the reasonable costs and expenses of the
state in detecting, investigating, controlling and
abating such violation.  Such person shall also be
liable to the  state  for the reasonable costs and
expenses  of  the  state  in  restoring  the  air,
waters, lands and  other  natural resources of the
state, including plant,  wild  animal  and aquatic
life  to  their   former   condition   insofar  as
practicable and reasonable,  or, if restoration is
not practicable or  reasonable,  for  any  damage,
temporary or permanent,  caused  by such violation
to  the  air,   waters,  lands  or  other  natural
resources  of the  state,  including  plant,  wild
animal and aquatic  life  and  to the public trust
therein. Institution of a suit to recover for such
damage, costs and  expenses shall not preclude the
application of any other remedies.
    (b) Whenever two  or more persons knowingly or
negligently  violate  any   provision  of  section
14-100b or 14-164c,  subdivision (3) of subsection
(b) of section  15-121,  section  15-171,  15-172,
15-175, 22a-5, 22a-6  [,]  OR  22a-7,  [22a-32  or
22a-39] CHAPTER 440,  chapter  441, subsection (b)
of  section 22a-134p,  section  22a-162,  22a-171,
22a-174,  22a-175,  22a-177,   22a-178,   22a-181,
22a-183,  22a-184,  22a-190,   22a-208,  22a-208a,
22a-209,  22a-213,  22a-220,   22a-225,   22a-231,
22a-336,  22a-342,  22a-345,   22a-346,   22a-347,
22a-349a,  22a-358,  22a-359,   22a-361,  22a-362,
22a-365   TO  22a-379,   INCLUSIVE,   22a-401   to
[22a-405]  22a-411, inclusive,  22a-416,  22a-417,
22a-424 to 22a-433,  inclusive,  22a-447, 22a-449,
22a-450,  22a-451,  22a-454,   22a-458,   22a-461,
22a-462 or 22a-471, AS AMENDED, or any regulation,
order or permit  adopted  or  issued thereunder by
the commissioner and responsibility for the damage
caused thereby is  not  reasonably  apportionable,
such persons shall,  subject  to  a right of equal
contribution,  be  jointly  and  severally  liable
under this section.
    Sec. 8. Subsection  (a)  of  section 22a-6k of
the general statutes,  as  amended by section 3 of
public act 97-289,  is  repealed and the following
is substituted in lieu thereof:
    (a)   The   Commissioner    of   Environmental
Protection may issue  an  emergency  authorization
for any activity  regulated  by  the  commissioner
under section 22a-32,  SUBSECTION  (h)  OF SECTION
22a-39,   22a-54,   22a-66,   22a-174,   22a-208a,
22a-342,  22a-368, 22a-403,  22a-430,  22a-449  or
22a-454, AS AMENDED,  provided  he  finds that (1)
such authorization is  necessary to prevent, abate
or mitigate an  imminent threat to human health or
the environment; and (2) such authorization is not
inconsistent  with  the  federal  Water  Pollution
Control Act, the  federal  Rivers and Harbors Act,
the federal Clean  Air Act or the federal Resource
Conservation  and  Recovery  Act.  Such  emergency
authorization shall be  limited  by any conditions
the  commissioner deems  necessary  to  adequately
protect human health  and the environment. Summary
suspension of an  emergency  authorization  may be
ordered  in  accordance  with  subsection  (c)  of
section 4-182. The  commissioner  may assess a fee
for an emergency  authorization issued pursuant to
this subsection. Such  fee  shall  be of an amount
equal to the  equivalent  existing  permit fee for
the  activity  authorized.  The  commissioner  may
reduce or waive  the fee required pursuant to this
subsection  if  good   cause  is  shown.  The  fee
required pursuant to this subsection shall be paid
no later than  ten  days after the issuance of the
emergency authorization.
    Sec. 9. Subsection  (a) of section 22a-354i of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  On  or   before   July   1,   1991,   the
Commissioner  of  Environmental  Protection  shall
publish notice of  intent  to adopt regulations in
accordance with chapter  54  for land use controls
in aquifer protection areas. The regulations shall
establish (1) best  management  practice standards
for existing regulated activities located entirely
or in part  within  aquifer protection areas and a
schedule for compliance of nonconforming regulated
activities   with   such   standards,   (2)   best
management practice standards for and prohibitions
of regulated activities  proposed  to  be  located
entirely  or in  part  within  aquifer  protection
areas,  (3)  procedures  for  exempting  regulated
activities  in  aquifer   protection   areas  upon
determination solely by the commissioner that such
regulated activities do  not  pose a threat to any
existing or potential  drinking  water  supply and
(4) requirements for  design  and  installation of
groundwater monitoring within  aquifer  protection
areas. In addition,  the  commissioner  may  adopt
such  other regulations  as  deemed  necessary  to
carry  out  the  purposes  of  sections  22a-354b,
22a-354c,   22a-354h,   this   section,   sections
22a-354m,  22a-354n,  subsection  (e)  of  section
22a-354p and subsection  (d)  of  section 22a-451,
including but not  limited  to  regulations  which
provide for the  manner in which the boundaries of
aquifer protection areas  shall be established and
amended; criteria and  procedures  for  submission
and review of  applications  to construct or begin
regulated  activities;  procedures  for  granting,
denying,    limiting,    revoking,     suspending,
transferring and modifying  permits  for regulated
activities; controls regarding  the  expansion  of
nonconforming   regulated  activities,   INCLUDING
PROCEDURES  FOR  OFFSETTING   IMPACTS   FROM   THE
EXPANSION   OR   MODIFICATION   OF   NONCONFORMING
REGULATED ACTIVITIES OR  PROCEDURES  FOR MODIFYING
PERMITS OF REGULATED  ACTIVITIES BY THE REMOVAL OF
OTHER  POTENTIAL  POLLUTION   SOURCES  WITHIN  THE
SUBJECT WELL FIELD, PROCEDURES FOR THE GRANTING OF
PERMITS FOR SUCH  EXPANSION  OR MODIFICATION BASED
ON THE CERTIFICATION  OF  A  QUALIFIED PERSON THAT
SUCH EXPANSION MEETS  CRITERIA  ESTABLISHED BY THE
COMMISSIONER;   registration   requirements    for
existing regulated activities  and  procedures for
transferring    registrations;   procedures    for
landowners  to  notify   a   municipality  or  the
commissioner  of  a   change   in  use  and  other
provisions  for  administration   of  the  aquifer
protection program.
    Sec.  10.  Section  22a-354m  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) [Each] THE  COMMISSIONER  OF ENVIRONMENTAL
PROTECTION  MAY, IN  ACCORDANCE  WITH  REGULATIONS
ADOPTED  PURSUANT  TO   SUBSECTION   (d)  OF  THIS
SECTION, REQUIRE ANY person engaged in agriculture
on land located  within an aquifer protection area
and whose annual  gross  sales  from  agricultural
products during the  preceding  calendar year were
two thousand five  hundred dollars or more [shall]
TO submit a  farm  resources management plan. [for
such land to  the  Commissioner  of  Environmental
Protection for his approval.]
    (b) The soil  and  water conservation district
where the aquifer protection area is located shall
establish  and  coordinate  a  technical  team  to
develop  each plan.  Such  team  shall  include  a
representative of the  municipality  in  which the
land  is  located  and  a  representative  of  any
affected  water  company   upon  request  of  such
municipality or water company. For the purposes of
developing  the plan  required  pursuant  to  this
section, if a  farm is located in two or more soil
and water conservation  districts, the district in
which the greater  part  of  such  farm is located
shall be deemed  to  be  the district in which the
entire farm is  located.  In  developing a plan, a
district shall consult  with  the Commissioners of
Environmental  Protection  and   Agriculture,  the
College of Agriculture  and  Natural  Resources at
The  University of  Connecticut,  the  Connecticut
Agricultural   Experiment   Station,    the   Soil
Conservation Service, the  state  Agricultural and
Conservation Committee and  any  other  person  or
agency the district deems appropriate.
    (c) The plan  shall  include  a  schedule  for
implementation and shall  be  periodically updated
as required by  the  commissioner. In developing a
schedule for implementation,  the  technical  team
shall  consider  technical  and  economic  factors
including, but not limited to, the availability of
state and federal  funds.  Any  person  engaged in
agriculture in substantial  compliance with a plan
approved under this  section  shall be exempt from
regulations adopted under  section  22a-354o  by a
municipality in which the land is located. No plan
shall  be  required   to   be   submitted  to  the
commissioner before July  1,  1992,  or six months
after completion of level B mapping where the farm
is located, whichever is later.
    (d) On or  before  July  1,  [1991]  1999, the
Commissioner  of  Environmental   Protection,   in
consultation with the Commissioner of Agriculture,
the United States  Soil  Conservation Service, the
Cooperative Extension Service at The University of
Connecticut and the  Council  for  Soil  and Water
Conservation, shall publish  notice  of  intent to
adopt regulations in  accordance  with  chapter 54
for   farm  resources   management   plans.   Such
regulations shall include,  but not be limited to,
A PRIORITY SYSTEM  AND  PROCEDURES FOR DETERMINING
IF A FARM  MANAGEMENT  PLAN  IS  REQUIRED  AND THE
PRIORITY THAT IS  ASSIGNED  TO  THE PREPARATION OF
SUCH   A   PLAN,    best   management   practices,
restrictions   and   prohibitions    for    manure
management, storage and  handling  of  pesticides,
reduced use of  pesticides through pest management
practices, integrated pest  management, fertilizer
management   and  underground   and   above-ground
storage  tanks and  criteria  and  procedures  for
submission and review of farm resources management
plans and amendments  of  such  plans. In adopting
such best management  practices,  restrictions and
prohibitions,  the  commissioner   shall  consider
existing   state   and   federal   guidelines   or
regulations  affecting aquifers  and  agricultural
resources management.
    Sec.  11.  Section   22a-402  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The Commissioner of  Environmental  Protection
shall  investigate and  inspect  or  cause  to  be
investigated  and  inspected  all  dams  or  other
structures  which,  in  his  judgment,  would,  by
breaking away, cause  loss  of  life  or  property
damage. Said commissioner  may  require any person
owning or having  the care and control of any such
structure to furnish him with such surveys, plans,
descriptions,  drawings and  other  data  relating
thereto and in  such  form  and to such reasonable
extent as he  directs. Any person in possession of
such pertinent information  shall afford the owner
and   the   commissioner   access   thereto.   The
commissioner shall make  or  cause to be made such
periodic inspections of all such structures as may
be necessary to  reasonably  insure  that they are
maintained in a  safe  condition.  If,  after  any
inspection  described  herein,   the  commissioner
finds  any such  structure  to  be  in  an  unsafe
condition, he shall  order  the  person  owning or
having control thereof  to  place  it  in  a  safe
condition or to  remove  it and shall fix the time
within which such  order shall be carried out. The
respondent to such  an order shall not be required
to obtain a  permit  under  chapter 440 OR 446j OR
SECTION  22a-342  OR   22a-368   for   any  action
necessary to comply with such order. If such order
is not carried  out within the time specified, the
commissioner may carry out the actions required by
the order provided the commissioner has determined
that an emergency  exists  which  presents a clear
and present danger  to  the public safety and said
commissioner shall assess the costs of such action
against the person  [, firm or corporation] owning
or having care  and control of the structure. When
the commissioner in his investigation finds that a
dam  or  other   structure   should  be  inspected
periodically in order to reduce a potential hazard
to life and  property, the owner of such structure
shall  cause such  inspection  to  be  made  by  a
registered  engineer  at  such  intervals  as  are
deemed necessary by  the  commissioner  and  shall
submit a copy of the engineer's finding and report
to the commissioner  for  his  action.  As used in
this chapter, "person" shall have the same meaning
as defined in subsection (c) of section 22a-2. THE
COMMISSIONER SHALL CAUSE  A  CERTIFIED  COPY  OF A
FINAL  ORDER  ISSUED  UNDER  THIS  SECTION  TO  BE
RECORDED ON THE  LAND RECORDS IN THE TOWN OR TOWNS
WHEREIN THE DAM OR SUCH STRUCTURE IS LOCATED.
    Sec. 12. Subsection  (b) of section 22a-403 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) The commissioner  or  his  representative,
engineer or consultant  shall determine the impact
of the construction  work  on  the environment, on
the safety of  persons  and  property  and  on the
inland wetlands and  watercourses  of the state in
accordance with the  provisions of sections 22a-36
to  22a-45,  inclusive,   AS  AMENDED,  and  shall
further  determine  the  need  for  a  fishway  in
accordance with the  provisions of section 26-136,
and shall examine  the  documents  and inspect the
site, and, upon approval thereof, the commissioner
shall  issue a  permit  authorizing  the  proposed
construction work under  such  conditions  as  the
commissioner may direct.  The  commissioner  shall
send a copy of the permit to the town clerk in any
municipality in which  the structure is located or
any municipality which  will  be  affected  by the
structure. AN APPLICANT  FOR A PERMIT ISSUED UNDER
THIS SECTION TO  ALTER,  REBUILD, REPAIR OR REMOVE
AN EXISTING DAM  SHALL NOT BE REQUIRED TO OBTAIN A
PERMIT   UNDER   SECTIONS   22a-36   TO   22a-45a,
INCLUSIVE,  AS  AMENDED,  OR  SECTION  22a-342  OR
22a-368. AN APPLICANT  FOR  A  PERMIT ISSUED UNDER
THIS SECTION TO  CONSTRUCT  A NEW DAM SHALL NOT BE
REQUIRED TO OBTAIN  A PERMIT UNDER SECTIONS 22a-36
TO  22a-45a,  INCLUSIVE,   AS  AMENDED,  FOR  SUCH
CONSTRUCTION.
    Sec.  13.  Section   22a-408  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Upon written request,  any  person  [, firm or
corporation]  aggrieved by  any  decision  of  the
commissioner  under this  chapter,  other  than  a
decision under section  22a-403,  shall be given a
hearing by the commissioner. Any person [, firm or
corporation] aggrieved by any decision or order of
the commissioner pursuant  to  the  provisions  of
section 22a-402, 22a-405  or 22a-409 may request a
hearing  before  the  commissioner.  Such  request
shall  be submitted  to  the  commissioner  within
thirty days of  receipt of notice of such decision
or  order. The  commissioner  shall  conduct  such
hearing promptly in accordance with the provisions
of chapter 54.  An  appeal  may  be taken from any
decision of the  commissioner  in  accordance with
the  provisions  of  section  4-183,  except  such
appeal shall be  made  returnable  to the judicial
district of Hartford-New Britain at Hartford*.
    Sec.  14.  Section   22a-411  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The  commissioner  may  issue  a  general
permit  for any  minor  activity  regulated  under
sections 22a-401 to 22a-410, inclusive, except for
any activity covered  by  an individual permit, if
the  commissioner determines  that  such  activity
would  cause minimal  environmental  effects  when
conducted separately and  would cause only minimal
cumulative environmental effects.  Such activities
may include routine maintenance and routine repair
of  any dam,  dike,  reservoir  or  other  similar
structure  and  the   construction   if  any  such
structure  presents  low   or   negligible  safety
hazards.  Any  person   [,  firm  or  corporation]
conducting an activity  for which a general permit
has been issued shall not be required to obtain an
individual permit under  [any  other  provision of
said  sections  22a-401   to  22a-410,  inclusive]
SECTIONS 22a-36 TO 22a-45a, INCLUSIVE, AS AMENDED,
OR SECTION 22a-342,  22a-368 OR 22a-403, except as
provided in subsection  (c)  of  this  section.  A
general permit shall  clearly  define the activity
covered thereby and  may  include  such conditions
and  requirements  as   the   commissioner   deems
appropriate,  including  but   not   limited   to,
management   practices   and    verification   and
reporting  requirements. The  general  permit  may
require  any  person   [,   firm  or  corporation]
conducting any activity  under  the general permit
to  report,  on   a   form   prescribed   by   the
commissioner, such activity  to  the  commissioner
before it shall  be covered by the general permit.
The commissioner shall prepare, and shall annually
amend, a list  of holders of general permits under
this section, which  list  shall be made available
to the public.
    (b)  Notwithstanding  any   other   procedures
specified in said  sections  22a-401  to  22a-410,
inclusive, any regulation  adopted thereunder, and
chapter 54, the  commissioner  may  issue, revoke,
suspend or modify  a  general permit in accordance
with   the   following    procedures:    (1)   The
commissioner shall publish in a newspaper having a
substantial circulation in  the  affected  area or
areas notice of  intent to issue a general permit;
(2) the commissioner  shall allow a comment period
of  thirty  days  following  publication  of  such
notice during which  interested persons may submit
written  comments  to  the  commissioner  and  the
commissioner  shall  hold  a  public  hearing  if,
within said comment period, he receives a petition
signed by at  least  twenty-five  persons; (3) the
commissioner  may not  issue  the  general  permit
until  after  the  comment  period;  and  (4)  the
commissioner shall publish  notice  of  any issued
permit   in   a   newspaper   having   substantial
circulation in the  affected  area  or  areas. Any
person may request  that  the  commissioner issue,
modify or revoke  a  general  permit in accordance
with the provisions of this subsection.
    (c) Subsequent to  the  issuance  of a general
permit, the commissioner may require any person [,
firm  or  corporation]  to  obtain  an  individual
permit  under  the  provisions  of  said  sections
22a-401 to 22a-410,  inclusive,  for  all  or  any
portion of the  activities  covered by the general
permit,  if in  the  commissioner's  judgment  the
purposes and policies  of  said  sections would be
best served by  requiring  an  application  for an
individual permit. The commissioner may require an
individual permit under  this  subsection  only if
the affected person  [,  firm  or corporation] has
been notified in writing that an individual permit
is required. The  notice  shall  include  a  brief
statement of the  reasons  for  the decision and a
statement that upon  the  date of issuance of such
notice the general  permit  as  it  applies to the
individual activity will terminate.
    (d)  Any  general  permit  issued  under  this
section shall require  that  any person [, firm or
corporation]  intending  to  conduct  an  activity
covered by such  general  permit  shall,  at least
sixty days before  initiating  such activity, give
written notice of  such  intention  to  the inland
wetlands  agency,  zoning   commission,   planning
commission  or  combined   planning   and   zoning
commission,  and conservation  commission  of  any
municipality which will or may be affected by such
activity, and to  the  department which shall make
such notices available  to the public. The general
permit shall specify the information which must be
contained  in  the   notice.  An  inland  wetlands
agency,    planning   and    zoning    commission,
conservation commission or  any  person may submit
written comments to  the  commissioner  concerning
such  activity  no  later  than  twenty-five  days
before the date  that  the activity is proposed to
begin.
    (e) The commissioner  may adopt regulations in
accordance with the  provisions  of  chapter 54 to
carry out the purposes of this section.
    Sec. 15. Subsection  (a)  of  section 22a-7 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The commissioner,  whenever he finds after
investigation that any person is causing, engaging
in or maintaining, or is about to cause, engage in
or maintain, any  condition  or activity which, in
his judgment, will  result  in  or  is  likely  to
result in imminent  and  substantial damage to the
environment,  or  to   public  health  within  the
jurisdiction  of  the   commissioner   under   the
provisions of chapters  440,  441, 442, 445, 446a,
446c, 446d, 446j  and  446k,  or whenever he finds
after investigation that  there  is a violation of
the terms and conditions of a permit issued by him
that is in his judgment substantial and continuous
and it appears prejudicial to the interests of the
people of the  state  to  delay  action  until  an
opportunity for a  hearing  can  be  provided,  or
whenever he finds  after  investigation  that  any
person is conducting,  has  conducted, or is about
to conduct an  activity which will result in or is
likely  to  result  in  imminent  and  substantial
damage to the  environment,  or  to  public health
within the jurisdiction  of the commissioner under
the provisions of  chapters  440,  441,  442, 445,
446a,  446c, 446d,  446j  and  446k  for  which  a
license, as defined  in section 4-166, is required
under the provisions  of  chapter  440,  441, 442,
445,  446a,  446c,  446d,  446j  or  446k  without
obtaining  such  license,   may,   without   prior
hearing, issue a cease and desist order in writing
to such person  to discontinue, abate or alleviate
such condition or activity.
    Sec. 16. Subdivision  (1) of subsection (c) of
section  22a-42a  of   the  general  statutes,  as
amended by section  10  of  public  act 97-124, is
repealed and the  following is substituted in lieu
thereof:
    (c) (1) On and after the effective date of the
municipal  regulations  promulgated   pursuant  to
subsection  (b)  of  this  section,  no  regulated
activity  shall  be   conducted  upon  any  inland
wetland  or  watercourse  without  a  permit.  Any
person  proposing  to   conduct  or  cause  to  be
conducted  a regulated  activity  upon  an  inland
wetland or watercourse  shall  file an application
with the inland  wetlands  agency  of  the town or
towns  wherein  the   wetland  or  watercourse  in
question is located.  The  application shall be in
such form and  contain  such  information  as  the
inland wetlands agency  may prescribe. The date of
receipt of an  application shall be the day of the
next regularly scheduled  meeting  of  such inland
wetlands agency, immediately  following the day of
submission to such  inland  wetlands agency or its
agent of such  application,  provided such meeting
is  no earlier  than  three  business  days  after
receipt,   or   thirty-five    days   after   such
submission,  whichever  is   sooner.   The  inland
wetlands agency shall not hold a public hearing on
such application unless the inland wetlands agency
determines that the  proposed  activity may have a
significant impact on  wetlands or watercourses, a
petition signed by  at  least  twenty-five persons
requesting a hearing  is filed with the agency not
later than fifteen  days after the date of receipt
of such application,  or  the  agency finds that a
public hearing regarding such application would be
in the public  interest. AN INLAND WETLANDS AGENCY
MAY  ISSUE  A  PERMIT  WITHOUT  A  PUBLIC  HEARING
PROVIDED  NO  PETITION   PROVIDED   FOR   IN  THIS
SUBSECTION IS FILED WITH THE AGENCY NOT LATER THAN
FIFTEEN DAYS AFTER  THE  DATE  OF  RECEIPT  OF THE
APPLICATION. Such hearing  shall  be held no later
than sixty-five days  after  the  receipt  of such
application.  Notice  of   the  hearing  shall  be
published at least  twice at intervals of not less
than two days,  the  first  not  more than fifteen
days and not fewer than ten days, and the last not
less than two  days  before  the  date set for the
hearing   in  a   newspaper   having   a   general
circulation  in  each   town  where  the  affected
wetland or watercourse,  or  any  part thereof, is
located. All applications  and  maps and documents
relating  thereto  shall   be   open   for  public
inspection. At such  hearing any person or persons
may appear and  be  heard.  The  hearing  shall be
completed   within   forty-five    days   of   its
commencement.  Action  shall   be  taken  on  such
application  within  thirty-five  days  after  the
completion of a  public  hearing or in the absence
of a public  hearing  within  sixty-five days from
the  date of  receipt  of  such  application.  The
applicant may consent to one or more extensions of
the periods specified  in  this subsection for the
holding of the  hearing  and  for  action  on such
application, provided the  total  extension of any
such period shall  not  be  for  longer  than  the
original period as  specified  in this subsection,
or may withdraw  such  application.  If the inland
wetlands agency, or its agent, fails to act on any
application  within  thirty-five  days  after  the
completion of a  public  hearing or in the absence
of a public  hearing  within  sixty-five days from
the date of  receipt of the application, or within
any extension of  any  such  period, the applicant
may file such application with the Commissioner of
Environmental Protection who  shall review and act
on  such  application   in  accordance  with  this
section. Any costs incurred by the commissioner in
reviewing  such  application   for   such   inland
wetlands agency shall  be paid by the municipality
that established or  authorized  the  agency.  Any
fees  that  would   have   been   paid   to   such
municipality  if such  application  had  not  been
filed with the  commissioner  shall be paid to the
state. The failure  of  the inland wetlands agency
or the commissioner  to act within any time period
specified in this  subsection,  or  any  extension
thereof,  shall  not   be   deemed  to  constitute
approval of the application.
    Sec. 17. Subsection  (f)  of  section 23-65 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f) Any person,  firm  or  corporation,  other
than a tree  warden or his deputy, who desires the
cutting or removal,  in  whole  or in part, of any
tree or shrub or part thereof within the limits of
any public road  or  grounds, may apply in writing
to the town  tree  warden, the borough tree warden
or the Commissioner  of  Transportation  or  other
authority having jurisdiction thereof for a permit
so to do.  Upon  receipt  of  such permit, but not
before,  he  may  proceed  with  such  cutting  or
removal. Before granting  or  denying such permit,
such  authority  may  hold  a  public  hearing  as
provided in section  23-59, and when the applicant
is  a  public   utility   corporation,  the  party
aggrieved by such  decision  may, within ten days,
appeal  therefrom  to  the  Department  of  Public
Utility Control, which  shall  have  the  power to
review, confirm, change  or set aside the decision
appealed from and  its  decision  shall  be final.
This shall be in addition to the powers granted to
it  under  section   16-234,   provided,   if   an
application  for such  permit  has  been  made  to
either  a  tree  warden  or  the  Commissioner  of
Transportation or other  authority  and  denied by
him, an application  for  a  permit  for  the same
relief  shall  not  be  made  to  any  other  such
authority. UPON ANY  APPROVAL  OF SUCH A PERMIT BY
THE  COMMISSIONER  OF   TRANSPORTATION,  HE  SHALL
NOTIFY THE TREE  WARDEN  FOR THE TOWN IN WHICH THE
TREE IS LOCATED.
     Sec.  18.  Section   15-129  of  the  general
statutes, as amended  by  section  1 of public act
97-49,   is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The provisions of this section shall apply
to vessels operated  on  state and federal waters.
(1) Every vessel  shall  carry  for each person on
board, so placed  as  to be readily accessible, at
least one buoyant  personal  flotation device. The
operator or owner  of  any  vessel  being used for
recreational  purposes,  other   than   a   vessel
required  to  have  a  certificate  of  inspection
issued by the Coast Guard, shall require any child
under twelve years  of  age  who  is  aboard  such
vessel to wear  a  personal flotation device while
such vessel is  underway unless the child is below
deck or in  an enclosed cabin. Sailboards shall be
exempt from carrying  a  personal flotation device
if the mast  of  the  sailboard  is secured to the
hull  by  a   leash  or  safety  line.  (2)  Every
motorboat with enclosed  fuel  storage space or an
enclosed engine compartment shall be equipped with
devices  for ventilating  flammable  or  explosive
gases.  (3)  Every  motorboat  with  a  carbureted
inboard engine shall  have  the carburetor of such
engine equipped with  a flame arrestor or backfire
trap  unless  such   engine   is  mounted  in  the
aftermost part of  the  vessel  with no provisions
for carrying passengers behind the forward edge of
the engine and  the  carburetor of such engine has
its intake opening  above  the gunwale line of the
vessel  in the  open  atmosphere  and  mounted  so
backfire  flames  are  directed  to  the  rear  or
vertically away from the vessel and its occupants.
(4) Every motorboat shall have its engine equipped
with an effective muffling device. (5) All inboard
motorboats,  all  outboard  motorboats  twenty-six
feet  or  over   in   length,   and  all  outboard
motorboats less than  twenty-six  feet  in  length
which  have  a  compartment  in  which  gases  may
accumulate,  shall  be   equipped   with   a  fire
extinguisher. (6) Every  motorboat sixteen feet or
more in length shall be equipped with a whistle or
horn-type   sound-producing  device   capable   of
producing  a blast  of  two  seconds  or  more  in
duration. On motorboats  sixteen  feet or more but
less than twenty-six  feet  in  length such device
shall be mouth, hand or power-operated and audible
for  at  least   one-half   mile.   On  motorboats
twenty-six feet or  more  but less than forty feet
in  length  such   device   shall   be   hand   or
power-operated and audible  for at least one mile.
On motorboats forty  feet  or  more  but less than
sixty-five feet in  length  such  device  shall be
power-operated and audible  for at least one mile.
Every motorboat twenty-six  feet or more in length
shall be equipped with a bell capable of producing
a   clear   bell-like    tone    of   full   round
characteristics. (7) Every  vessel operated on the
waters of Long  Island  Sound  or  Fishers  Island
Sound  between  sunset  and  sunrise  shall  carry
visual distress signals  suitable  for  night use.
Every  vessel sixteen  feet  or  more  in  length,
except  manually  propelled   vessels   and   open
sailboats that are  less  than  twenty-six feet in
length,  and  are  not  equipped  with  propulsion
machinery, operated on  the  waters of Long Island
Sound or Fishers  Island  Sound  at any time shall
carry visual distress signals suitable for day and
night use. No  person,  operator  or  owner  in  a
vessel shall display  or  allow  the  display of a
visual distress signal  except  when assistance is
needed because of immediate or potential danger to
persons aboard.
    (b)  [No  person   shall   operate   or   give
permission for the  operation  of any motorboat in
or upon the  waters of this state in such a manner
as to exceed  the  following noise levels: (1) For
engines manufactured before  January  1,  1976,  a
noise level of 86 dB (A) measured at a distance of
(A) fifty feet  from  the  motorboat  or  (B)  one
hundred feet from  the  shore,  in accordance with
local regulations or  ordinances;  (2) for engines
manufactured on or  after  January  1,  1976,  and
before January 1, 1982, a noise level of 84 dB (A)
measured at a  distance of (A) fifty feet from the
motorboat or (B)  one hundred feet from the shore,
in   accordance   with    local   regulations   or
ordinances; (3) for  engines  manufactured  on  or
after January 1,  1982, a noise level of 82 dB (A)
measured at a  distance of (A) fifty feet from the
motorboat or (B)  one hundred feet from the shore,
in   accordance   with    local   regulations   or
ordinances.]  NO  PERSON  SHALL  OPERATE  OR  GIVE
PERMISSION FOR THE  OPERATION  OF ANY MOTORBOAT ON
THE WATERS OF  THIS STATE UNLESS SUCH MOTORBOAT IS
AT ALL TIMES EQUIPPED WITH A MUFFLER WHICH ENABLES
SUCH MOTORBOAT TO  BE  OPERATED IN COMPLIANCE WITH
SUBSECTIONS (c) AND  (d)  OF THIS SECTION AND SUCH
MUFFLER IS IN  USE.  FOR  PURPOSES OF THIS SECTION
"MUFFLER"  MEANS A  SOUND  SUPPRESSION  DEVICE  OR
SYSTEM DESIGNED AND  INSTALLED  TO ABATE THE SOUND
OF  EXHAUST  GASES   EMITTED   FROM   AN  INTERNAL
COMBUSTION ENGINE.
    (c) NO PERSON SHALL OPERATE OR GIVE PERMISSION
FOR THE OPERATION  OF  ANY MOTORBOAT ON THE WATERS
OF THIS STATE  IN  SUCH  A MANNER AS TO EXCEED THE
FOLLOWING   NOISE   LEVELS:    (1)   FOR   ENGINES
MANUFACTURED BEFORE JANUARY 1, 1993, A NOISE LEVEL
OF 90 dB  (A) WHEN SUBJECTED TO A STATIONARY SOUND
LEVEL TEST AS  PRESCRIBED BY SOCIETY OF AUTOMOTIVE
ENGINEERS  SPECIFICATION  NUMBER  J2005;  (2)  FOR
ENGINES MANUFACTURED ON  OR AFTER JANUARY 1, 1993,
A NOISE LEVEL  OF  88  dB  (A) WHEN SUBJECTED TO A
STATIONARY  SOUND  LEVEL  TEST  AS  PRESCRIBED  BY
SOCIETY  OF  AUTOMOTIVE   ENGINEERS  SPECIFICATION
NUMBER J2005. IF A MOTORBOAT IS EQUIPPED WITH MORE
THAN ONE ENGINE, THE SAID NOISE LEVELS SHALL APPLY
WHEN  ALL  SUCH   ENGINES  ARE  SIMULTANEOUSLY  IN
OPERATION.
    (d) NO PERSON SHALL OPERATE OR GIVE PERMISSION
FOR THE OPERATION  OF  ANY MOTORBOAT ON THE WATERS
OF THIS STATE  IN  SUCH  A  MANNER  AS TO EXCEED A
NOISE LEVEL OF  75 dB (A) MEASURED AS SPECIFIED BY
SOCIETY  OF  AUTOMOTIVE   ENGINEERS  SPECIFICATION
NUMBER J1970.
    [(c)] (e) Any  officer  authorized  to enforce
the provisions of  this  chapter who has reason to
believe  that  a   [vessel]   MOTORBOAT  is  being
operated in excess of the noise levels established
in subsection [(b)] (c) OR (d) of this section may
request the operator of such [vessel] MOTORBOAT to
submit the [vessel]  MOTORBOAT  to an on-site test
to measure noise levels, with the officer on board
SUCH MOTORBOAT if  such  officer  chooses, and the
operator shall comply  with  such request. If such
[vessel]  MOTORBOAT exceeds  the  [decibel]  NOISE
levels established in  subsection [(b)] (c) OR (d)
of  this  section,  the  officer  may  direct  the
operator to take immediate and reasonable measures
to correct the  violation, including returning the
[vessel] MOTORBOAT to  a  mooring  and keeping the
[vessel]  MOTORBOAT  at  such  mooring  until  the
violation is corrected or ceases.
    [(d) All devices  and  equipment  required  by
this section shall be of a type and carried in the
quantity and location approved by the commissioner
or by the United States Coast Guard.
    (e) Sirens shall  not  be  used  on any vessel
except that law  enforcement vessels of the United
States, this state  or  a political subdivision of
this state may  use  sirens  when  engaged  in law
enforcement activities or  when  identification is
necessary for safety  reasons.  Any  vessel may be
equipped with a  theft alarm signal device if such
device is so designed that it cannot be used as an
ordinary warning signal.]
    (f) ANY OFFICER WHO CONDUCTS A MOTORBOAT SOUND
LEVEL TEST AS  PROVIDED  IN  THIS SECTION SHALL BE
QUALIFIED  IN  MOTORBOAT   NOISE  TESTING  BY  THE
DEPARTMENT  OF  ENVIRONMENTAL   PROTECTION,   SUCH
QUALIFICATION SHALL INCLUDE,  WITHOUT  LIMITATION,
INSTRUCTION IN SELECTION  OF  THE MEASUREMENT SITE
AND IN THE  CALIBRATION  AND  USE OF NOISE TESTING
EQUIPMENT.
    [(f)] (g) No  person  shall  operate  or  give
permission for the  operation of any motorboat [in
or upon] ON  the  waters  of  this  state  that is
equipped with [an  altered  muffler  or] a muffler
cutout, bypass or  similar  device  which prevents
the  proper  operation   of   or   diminishes  the
operating capacity of  the  muffler.  [As  used in
this   subsection,   "muffler"   means   a   noise
dissipating  device or  system  for  reducing  the
sound  of  escaping   gases   from   an   internal
combustion engine.]
    (h) NO PERSON  SHALL  REMOVE  A MUFFLER FROM A
MOTORBOAT OR ALTER  A MUFFLER ON A MOTORBOAT SO AS
TO PREVENT THE  OPERATION  OF  SUCH  MOTORBOAT  IN
COMPLIANCE WITH SUBSECTIONS  (c)  AND  (d) OF THIS
SECTION.
    (i) NO PERSON SHALL SELL OR OFFER FOR SALE ANY
MOTORBOAT WHICH IS  NOT  EQUIPPED  WITH  A MUFFLER
WHICH ENABLES SUCH  MOTORBOAT  TO  BE  OPERATED IN
COMPLIANCE WITH SUBSECTIONS  (c)  AND  (d) OF THIS
SECTION. THIS SUBSECTION  SHALL  NOT  APPLY TO THE
SALE OR OFFER  FOR  SALE OF A MOTORBOAT WHICH WILL
BE OPERATED SOLELY FOR THE PURPOSE OF COMPETING IN
MARINE RACES OR  REGATTAS,  PROVIDED UPON THE SALE
OF A MOTORBOAT  WHICH  IS NOT EQUIPPED WITH SUCH A
MUFFLER,  THE  SELLER   SHALL   PROVIDE   TO   THE
PURCHASER, AND THE  PURCHASER SHALL DATE AND SIGN,
THE FOLLOWING STATEMENT:  "I  UNDERSTAND THAT THIS
MOTORBOAT MAY NOT  BE  OPERATED  FOR  ANY PURPOSES
OTHER THAN COMPETING  IN  A MARINE RACE OR REGATTA
AUTHORIZED   UNDER   SECTION    15-140b   OF   THE
CONNECTICUT  GENERAL  STATUTES".   SUCH  STATEMENT
SHALL INCLUDE THE  HULL  IDENTIFICATION  NUMBER OF
THE MOTORBOAT BEING PURCHASED. NOT LATER THAN FIVE
DAYS AFTER THE  SALE,  THE  SELLER SHALL SUBMIT TO
THE COMMISSIONER A  COPY  OF SUCH SIGNED AND DATED
STATEMENT. THE SELLER  AND  PURCHASER  SHALL  EACH
RETAIN A COPY OF THE STATEMENT.
    (j) THE PROVISIONS  OF SUBSECTIONS (c) AND (d)
OF THIS SECTION  SHALL  NOT APPLY TO THE OPERATION
OF A MOTORBOAT  PARTICIPATING  IN A MARINE RACE OR
REGATTA  AUTHORIZED  BY   THE  COMMISSIONER  UNDER
SECTION 15-140b.
    (k) ALL DEVICES AND EQUIPMENT REQUIRED BY THIS
SECTION SHALL BE  OF  A  TYPE  AND  CARRIED IN THE
QUANTITY AND LOCATION APPROVED BY THE COMMISSIONER
OR BY THE UNITED STATES COAST GUARD.
    (l) SIRENS SHALL  NOT  BE  USED  ON ANY VESSEL
EXCEPT THAT LAW  ENFORCEMENT VESSELS OF THE UNITED
STATES, THIS STATE  OR  A POLITICAL SUBDIVISION OF
THIS STATE MAY  USE  SIRENS  WHEN  ENGAGED  IN LAW
ENFORCEMENT ACTIVITIES OR  WHEN  IDENTIFICATION IS
NECESSARY FOR SAFETY  REASONS.  ANY  VESSEL MAY BE
EQUIPPED WITH A  THEFT ALARM SIGNAL DEVICE IF SUCH
DEVICE IS SO DESIGNED THAT IT CANNOT BE USED AS AN
ORDINARY WARNING SIGNAL.
    [(g)]  (m)  Any   person   who   violates  any
provision of subsection (a) [, (d), (e) or (f)] of
this section shall  have  committed an infraction.
Any person who  violates  the  provisions  of  ANY
OTHER subsection [(b)]  of  this  section  or  who
fails to comply  with a request or direction of an
officer made pursuant  to  subsection [(c)] (e) of
this section shall  be  fined  not  less  than one
hundred  dollars  nor   more   than  five  hundred
dollars.
    Sec.  19. Notwithstanding  the  provisions  of
section  25-71  of   the   general  statutes,  the
Commissioner  of  Environmental  Protection  shall
provide for the payment of not less than sixty per
cent of the  total cost of the repair of the flood
and erosion control  system  for  the  Lake Phipps
area under the  control  of  said  commissioner in
West Haven. The  commissioner  shall enter into an
agreement with the town of West Haven and the lake
association for Lake  Phipps  under which the town
or the association  shall  bear all or part of the
remainder of such costs.
    Sec.  20.  The  Brookfield  Water  Company,  a
corporation incorporated under  the  laws  of  the
state of Connecticut  on  February  2, 1998, shall
continue to exist  as  a  corporation with all the
rights,  powers  and   duties  set  forth  in  its
Certificate  of Incorporation  and  any  amendment
thereto, and said  corporation  shall further have
and exercise all  powers  and  privileges  granted
herein,   together   with   such   other   powers,
privileges and duties  as  may be granted to water
companies by the  general statutes for the purpose
of  supplying  the  town  of  Brookfield  and  the
inhabitants thereof with  an  abundant  supply  of
water for public, domestic and other use.
    Sec. 21. Said  corporation  shall, in addition
to  the  powers  and  privileges  referred  to  in
section 20 of  this  act, be further empowered and
authorized, as may  be necessary or convenient for
conducting water to  and distributing water within
the  town  of   Brookfield:  (1)  To  open  public
streets,  ways  and   grounds   for   purposes  of
installing, maintaining, repairing  and  replacing
its mains, pipes  and  conduits  and  other  works
useful for public water supply, provided that said
corporation  shall have  such  streets,  ways  and
grounds in all  respects  in  as good condition as
before the installation,  maintenance,  repair  or
replacement of such  mains,  pipes,  conduits  and
other works; (2)  to  install,  maintain, operate,
repair and replace  its  mains, pipes and conduits
and other works  through,  over  and  under public
streets,  ways  and   grounds   in  said  town  of
Brookfield or the  immediate  vicinity of the town
of  Brookfield;  (3)   to  construct,  repair  and
maintain such reservoir  or  reservoirs  or  other
source or sources  of  water supply and structures
and  facilities  appurtenant   thereto;   (4)   to
construct,  repair  and  maintain  any  canals  or
aqueducts and other  works  as  may  be useful for
public water supply; (5) to install fire hydrants;
and (6) to  remove existing nuisances and prohibit
the erection of  other nuisances upon such streams
as may be used by the corporation for water supply
purposes, provided nothing  in  sections 20 to 23,
inclusive,  of  this   act  shall  authorize  said
corporation to take  the property or vested rights
of  any other  person  without  just  compensation
therefor.
    Sec. 22. Said  corporation  may take, hold and
use such lands,  springs, streams or ponds or such
rights and interests  therein  as may be expedient
or necessary for  the purposes of providing public
water supply to  the  town  of  Brookfield and its
inhabitants in accordance  with sections 20 to 23,
inclusive, of this act, involving the preservation
of the purity  of such water and the prevention of
any contamination thereof,  provided,  in all such
cases   where   the   law   shall   require   that
compensation be paid  to  any person whose rights,
interests  or  property   have  been  or  will  be
injuriously   affected  by   such   taking,   said
corporation may apply  to  the  Superior Court and
such court after  such  notice as said court shall
deem  sufficient, shall  appoint  a  committee  of
three  disinterested  persons   who  shall,  after
reasonable notice to  the  parties,  determine and
award the amount to be paid by said corporation on
account of such  taking,  which  determination and
award  shall be  returned  to  the  clerk  of  the
Superior Court, who  shall,  upon  approval by the
court, record the same. The court's approval of an
award shall constitute a final judgment.
    Sec. 23. Said town of Brookfield or any school
district or fire  district  within  said  town may
contract with said  corporation  for  a  supply of
water for use or protection of any property within
its limits and  for  other purposes and may assess
and collect a  tax  for  such  amounts  as  may be
required to meet  liabilities  under such contract
or contracts.
    Sec. 24. Sections 20 to 23, inclusive, of this
act shall be  valid  and effective as an amendment
to  the  Certificate   of   Incorporation  of  the
Brookfield Water Company  if,  not  later than one
year  after its  passage,  it  is  accepted  as  a
meeting of the  stockholders  of  said corporation
duly noticed for  such  purpose  and only upon the
filing after such  meeting  of  a  certificate  of
amendment in the  office  of  the Secretary of the
State.
    Sec. 25. This act shall take effect October 1,
1998, except that  section  18  shall  take effect
July 1, 1999.

Approved June 8, 1998